On Tuesday, the U.S. Supreme Court heard oral arguments in St. Mary Catholic Parish v. Roy, a lawsuit that pits Colorado’s Democrat‑controlled legislature against the Archdiocese of Denver and families who were denied public tuition assistance for their preschool children.
Background of the dispute
Colorado’s universal pre‑K program provides state funds to public, private and religious schools, but it excludes schools run by the Denver archdiocese. To qualify for funding, those schools must require parents to sign a written pledge supporting Catholic teachings on marriage, sex and gender. The archdiocesan handbook also states that its schools will not make accommodations for transgender children regarding bathrooms, pronouns or uniforms.
State officials argue that the exclusion reflects “value judgments and policy determinations of democratically elected and accountable state legislatures.” Critics, including several justices, contend that the policy discriminates against families of faith and amounts to majoritarian tyranny.
Arguments before the Court
Justice Sonia Sotomayor questioned the archdiocese’s stance, suggesting the policy could be read as a blanket ban on gay families. Justices Elena Kagan and Ketanji Brown Jackson similarly framed the issue as a potential exclusion of LGBTQ families, even though the trial record shows no such family has applied to the Catholic pre‑K program.
The six remaining justices appeared less persuaded by the state’s position. Justice Amy Coney Barrett noted that Colorado lawmakers “had to see this coming,” implying the legislation was a targeted response to religious schools.
Financial impact on families
Families who enroll their children in Catholic pre‑K programs must cover up to $6,300 per year out of pocket. Dan and Lisa Sheley, plaintiffs in the case, have already lost $18,000 in tuition assistance and claim they are being discriminated against.
Legal precedent
The Supreme Court has, over the past decade, expanded protections for faith‑based institutions to receive public funding. In 2017, the Court ruled that Missouri illegally withheld funds from a faith‑based preschool that received assistance for playground improvements. In 2022, Carson v. Makin held that Maine violated the First Amendment by excluding religious schools from a scholarship program, emphasizing that the state cannot compel religious schools to abandon their teachings to qualify for aid.
Implications for other states
Legal analysts note that the outcome could affect similar programs in other states, such as New York’s Office of Early Learning, which currently requires religious pre‑K programs to remove religious instruction, symbols, and even use separate doors for secular activities to qualify for funding.
Regardless of the Court’s eventual decision, the case underscores a broader national debate over religious liberty, parental rights, and the role of government in funding education.
Original reporting: Herald-Standard – latest news for Uniontown, Pennsylvania — read the source article.
